For more information, please visit http://ag.utah.gov

1. Utah Department of
Agriculture & Food
Plant Industries
Pesticide
Enforcement
Program
Utah Pesticide
Control Act
FIFRA

2. 60
50
40 Notice of Violation
Warning Letters
30
Citations
20 Hearings
10
0
1998
1999
2000
2001
2002
2003
2004
2005
2006

3. FY2005
Enforcement Action
Notice of Violation 17
Warning Letters 9
Citations 12 $50-$500
Hearing 1 $3000
Total violations 39
Fines collected $2,700

4. FY2006
Enforcement Action
Notice of Violation 51
Warning Letters 14
Citations 49 $50-$500
Hearing 3 $10,150
Total violations 117
Fines collected $17000

5. So Far in FY2007
Cases with violations 19
Warning Letters 1
Citations 20
Total violations 38
Fines assessed $2700

6. Utah Pesticide
Control Act
Unlawful Acts
Examples

7. R68-7-10 Transportation, Storage, &
Disposal of Pesticides & Pesticide
Containers
No person shall transport, store, or
dispose of any pesticide or pesticide
containers in such a manner as to cause
injury to humans, vegetation, crops,
livestock, wildlife or beneficial insects, or
to pollute any waterway in a manner
harmful to any wildlife therein.

9. Bad Storage = Dead Horse

10. R68-7-11 Unlawful Acts
Any person who has
committed any of the
following acts is in
violation of the Utah
Pesticide Control Act
or rules promulgated
there under and is
subject to penalties

11. 1) Made false or fraudulent
claims through any media
misrepresenting the effect of
pesticides or methods to be
utilized

12. Example #1

13. 2) Applied known ineffective
or improper pesticides
Lawn service
company applied a
herbicide to trees
and shrubs, instead
of an insecticide
At least 27 properties
damaged

14. 3) Operated in a faulty,
careless or negligent manner

15. 4) Neglected or, after notice,
refused to comply with the
provisions of the Act, these
rules or of any lawful order
of the department
EPA now calls for a re-inspection of
applicators who were found in violation
with in 12 months of the original
inspection

16. 5) Refused or neglected to
keep & maintain records
required by these rules or to
make reports when and as
required Commercial
applicators must
record all
applications
Non-commercial &
Private applicators
must record RUP
applications

17. Records required to be
kept:
Name & address of property owner
Location of treatment (if different)
Month, day, & year of treatment
Brand name of pesticide
EPA registration number
Rate applied per unit area
Total amount of pesticide used

18. Records continued….
Purpose of application
Name, address, & license number of applicator
Records must be recorded within 24 hours of
the application
Records shall be kept for a period of two years
and shall be available for inspection

19. 6) Made false or fraudulent
records, invoices, or reports
Termite applicator
records states that
95 gallons of
Termidor was
applied at a house
that measures 132
linear feet
(132/10)4=52.8 gal
Supervisor applied
and then wrote
another applicators
name down

20. 7) Engaged in the
business of applying a
pesticide for hire or
compensation on the
lands of another
without having a valid
commercial
applicators license

21. Licenses

22. 8)Used, or supervised the
use of, a pesticide which is
restricted to use by
“certified applicators”
without having qualified as a
certified applicator

23. Company fumigating for
weevils used an RUP w/o
having a licensed applicator

24. 9) Used fraud or
misrepresentation in making
application for, or renewal
of, a registration, license,
permit or certification

25. 2005 workshop
Person caught writing other peoples
names down on the role and collecting
CEU’s for people not in attendance
Fraud in the renewal of certification

26. 10) Refused or neglected to
comply with any limitations
or restrictions on or in a duly
issued license or permit
Most cases consist of the applicator not
having the correct category for a certain
pesticide use.

27. 11)Used or caused to be
used any pesticide in a
manner inconsistent with
its labeling or rules of the
department if those rules
further restrict the uses
provided on the labeling

28. Label violations:
Personal Protective Equipment
Storage
Mixing Procedures
Application Procedures
Worker Protection Standards
Weather Specifications
Target Pest and Site Specifications
Environmental Hazards

29. Personal Protective
Equipment

31. Storage

32. Target pest & site
specifications

33. Worker Protection
Standards

34. 12) Aided or abetted a
licensed or an unlicensed
person to evade the
provisions of the Act;
conspired with such a
licensed or an unlicensed
person to evade the
provisions of the Act; or
allowed one’s license or
permit to be used by another

35. Example:
Non-commercial applicator allowed an
unlicensed person to use his license to
buy restricted use pesticides
This lead to the death of 2 horses
Our investigation turned up 6 unlawful
acts for 3 separate individuals

36. 13) Impersonated any
federal, state, county, or
other government official

37. 14) Distributed any
pesticide labeled for
restricted use to any person
unless such a person or his
agent has a valid license, or
permit to use, supervise the
use, or distribute restricted
use pesticides

38. RUP Dealers are required
to record the following
Name & address of the purchaser
Brand name of the RUP purchased
EPA Registration #
Month, day, and year of purchase
Quantity purchased
Signature, license #, and category of
purchaser

39. 15)Applied pesticides onto
any land without the consent
of the owner or person in
possession thereof; except,
for governmental agencies
which must abate a public
health problem

40. Neighbor Disputes

41. 16) For a commercial or non-
commercial applicator to
apply a termiticide at less
than label rate

42. 17)For an employer of a
commercial or non-
commercial applicator to
allow an employee to apply
pesticide before that
individual has successfully
completed the prescribed
pesticide certification
procedures

43. 18)For a pesticide applicator
not to have his/her current
license in his/her immediate
possession at all times when
making a pesticide
application

44. 19)To allow, through
negligence, an application of
pesticide to run off, or drift
from the target area to
cause plant, animal, human
or property damage

46. Questions?

47. Contact Information
– (801) 538
@utah.g
Clark Bur
cburgess@utah.gov
Local Compliance Specialist